• Bounced cheque

I paid Rs !,00,000/- as franchise fee to a company but after sometime they terminated the contract and refunded the franchise fee by cheque which got dishonored twice. How should I proceed to get back my money ? Please help.
Asked 6 years ago in Criminal Law
Religion: Hindu

3 answers received in 30 minutes.

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10 Answers

Hi

Send a legal Notice demanding the amount within 30 days of the bank memo which is issued by your bank on dishonoring the cheque.

if the opposite party doesn't pay you the amount or no reply promising the payment within 15 days , file a complaint in the magistrate court under 138 NIA act to recover the money.

Remember in cheque cases the time limit is important , so if the cheuqe bounced before 30 days , you need to present it again.

If the cheque is out dated/lapsed as it is more than 3 months from the date of issuance, your options to file a civil suit to recover the money. this can be a summary civil suit based on the contract termination and bounced cheque.

engage a lawyer and proceed.

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

Since the cheque got dishonured which was dranw to pay off the money due to you,you have an actionale wrogn agaisnt him.

So send him a notice u/s138 NI Act immediately and file a case thereafter.

If the case is proved you will get double the amount mentioned in the cheque.

So do not wastetime.You will have to send notice within one month from the date of receipt of information of dishonour of the cheque.

Devajyoti Barman
Advocate, Kolkata
22821 Answers
488 Consultations

5.0 on 5.0

Hi, first send them a legal notice demanding your money .. If they refuse to pay it within fifteen days , then file a criminal complaint under section 138 NI act within 30 days after the expiry of 15 days of notice

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Issue legal notice to company to pay Rs 10 lakhs within period of 15 days if receipt of notice

2) if company fails to pay file complaint under section 138 NI for dishonour if cheque

3) also file summary suit to recover your money with interest

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

Send a demand notice within 30 days of dishonor of cheque.

Incase the demand is not within 15 days, you may institute a cheque bounce case under section 138 Negotiable Instruments Act.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Hello,

since the cheque has been dishonored, you have a right to file a case under section 138 of the NI Act.

You must immediately send a legal notice to claim the amount and if the other person fails to reply to the said legal notice then you can file a case in the court.

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Notice is to be send within 30 days and within 15 days of the expiry of the said 30 days, the case has to be filed in the court.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

According to the Negotiable Instrument Act you have to give a notice for payment of amount mentioned on the bounced cheque. You have to give 30 days time for its payment. If payment has not been made in this 30 days then  you can file a complaint under section 138 of the negotiable instrument  within next 15 days.

You should contact a lawyer for preparing and notice, you should keep one copy of that notice to prove that a proper notice has been served by you

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Bouncing of cheque is an offence under section 142 of the Negotiable Instrument Act. it is punishable with imprisonment upto 2 years and also with fine to the double of the amount mentioned in the cheque. According to the facts of your case you can initiate criminal proceeding against him for the offence punishable under section 138 of the Negotiable Instrument Act. 

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

First send them a legal notice demanding the cheque amount, failing to respond, you may initiate cheque bounce case under section 138 NI act and even can look into the possibility of filing a civil money recovery suit.

T Kalaiselvan
Advocate, Vellore
84913 Answers
2195 Consultations

5.0 on 5.0

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